ML19296D270
| ML19296D270 | |
| Person / Time | |
|---|---|
| Site: | South Texas, Comanche Peak  |
| Issue date: | 02/21/1980 |
| From: | Ahearn C DEBEVOISE & LIBERMAN, TEXAS UTILITIES ELECTRIC CO. (TU ELECTRIC) |
| To: | |
| References | |
| NUDOCS 8003030153 | |
| Download: ML19296D270 (11) | |
Text
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION
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BEFORE THE ATOMIC SAFETY AND LICENSING BOA [
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In the Matter of
)
)
HOUSTON LIGHTING & POWER COMPANY
)
Docket Nos. 50-498A et al.
)
50-499A
)
(South Texas Project, Units 1
)
and 2)
)
)
TEXAS UTILITIES GENERATING COMPANY )
Docket Nos. 50-445A et al.
)
50-446A
)
(Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
APPLICATION FOR ISSUANCE OF SUBPOENA Texas Utilities Generating Company, pursuant to 10 C.F.R.
S52.740 and 2.741, applies for the issuance of the attached subpoena, which calls for a deposition requiring the attendance of the person listed, and for production of documents.
This person will be deposed as an adverse witness, 1.:/ and the document production sought encompasses, but is not limited to, documents prepared by or for the person listed in connection with this case.
The testimony of this person will include, J./
Federal Rule of Civil Procedure 30(a) allows the deposition of any person to be taken, and Federal Rule of Evidence 611 (c) allows an adverse party or witness to be interrogated by leading questions.
The retention of TRANSCOMM, Inc.,
Mr. Frame's employer, by the Nuclear Regulatory Commission Staff, establishes the requisite " clear alignment of interest, with the other party" or " antagonism directed to the calling party" necessary to establish his identity as a hostile witness.
Rossano v. Blue Plate Foods, Inc.,
314 F.2d 174, 178 (5th Cir.) cert. denied, 375 US 866 (1963).
8003030 153 M
T
' but not be limited to, his analysis and conclusions regarding the matitrust economic analysis of electric utility practices in and adjacent to the state of Texas in past, present, and future times; and his analysis and conclusions regarding all other factors having a bearing on this case.
SUBPOENA Rodney Frame, TRANSCOMM, Inc.
Respectfully submitted, r,um avn C.
Dennis Ahearn Attorney for Texas Utilities Generating Company DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 February 21, 1980
Subpoena for Deposition UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of S
S TEXAS UTILITIES GENERATING S
Docket Nos. 50-445A COMPANY, et al.
S 50-446A S
(Comanche Peak Steam Electric S
Station, Units 1 and 2)
S SUBPOENA TO:
Rodney Frame TRANSCOMM, Inc.
Arlington Blvd.
Falls Church, Virginia 22042 YOU ARE HEREBY COMMANDED to appear at Debevoise & Liberman, 1200 Seventeenth Street, NW in the city of Washington, D.C. on the 26th and 27th days of March, 1980 at 9:30 o' clock A.M.
(and thereaf ter from day to day, if necessary) to testify on behalf of Texas Utilities Generating Company at the taking of a deposition in the above-entitled action pending before the Atomic Safety and Licensing Board of the Nuclear Regulatory Commission and bring with you the document (s) or object (s) described in the attached schedule.
Subpoena for Deposition Page 2 BY ORDER OF THE ATOMIC SAFETY AND LICENSING BOARD By 19....
C. Dennis Ahearn Attorney for Texas Utilities Generating Company DEBEVOISE & LIBERMAN 1200 Seventeenth Street, N.W.
Washington, D.C.
20036 (202) 857-9800 10 C.F.R. 2.720 (f)
On motion made promptly, and in any event at or before the time specified in the subpoena for compliance by the person to whom the subpoena is directed, and on notice to the party at whose instance the subpoena was issued, the presiding officer or, if he is unavailable, the Commission may (1) quash or modify the subpoena if it is unreasonable or requires evidence not relevant to any matter in issue, or (2) condition denial of the motion on just and reasonable terms.
SCHEDULE TO SUBPOENA FOR DEPOSITION 1.
All documents prepared by Mr. Frame in connection with the subject matter of this case including, but not limited to, each version, draft, or stage of all analyses, conclusions, working papers, notes, requests for information, memoranda, letters and other materials whether or not transmitted to the NRC Staff or anyone else connected with TRANSCOMM, Inc.
2.
All documents received by Mr. Frame in connection with this case prepared by any employee, consultant, agent, or other person in any way associated with TRANSCOMM, Inc.
or the NRC Staff.
3.
This request requires that Mr. Frame examine not only his personal files but any and all other files in which documents responsive to this request may be located if he does not have personal possession of a copy of all relevant documents.
If a document responsive to this request is no longer in Mr. Frame's possession and a copy of that document cannot be secured from other sources, it is requested that the following information be provided:
the title, date, subject matter, transuitting and receiving parties, a brief synopsis of the material con-tained therein, and the reasons why the document cannot be produced.
4.
The documents requested do not include any pleadings, materials published in journals or in such other manner as to make them generally available to the public, or materials already produced to Texas Utilities Generating Company, except where such documents contain any commentary or notation of any kind that does not appear on the original or on any other copy that has been. produced to Texas Utilities Generating Company.
Instructions The period of time for which documents are requested includes the entire period from the time TRANSCOMM, Inc. was first approached by the NRC Staff concerning this case to the date on which documents were made available for inspection end copying by Texas Utilities Generating Company or its representatives.
Texas Utilities Generating Company requests that the Deponent identify the specific request or requests to which each document is responsive.
Where possible, the Deponent is requested to maintain the integrity of the filing and record-keeping systems by producing together documents responsive to this Subpoena, which are found together in either his personal files or other files in which they are found.
If you claim that any document requested hereunder is privileged, with respect to each such document, please provide the following:
(a) Date; (b) type of document; (c) identity of author and addressees; (d) present location and custodian; (e) any other description necessary to enable the custodian to locate the particular document; (f) the basis for the claimed priv1lege; and (g) a detailed description of the nature of any judicial protection alleged to be necessary to protect the privilege or confidential nature of any such document.
" Documents" means, without limiting the generality of its meaning, all or original (or copies where originals are unavailable) and non-identical copies (whether different from originals by reason of notation made on such copies or otherwise) of all written, recorded or graphic matter, however produced or reproduced, whether or not now in existence, of correspondence, telegrams, notes or sound recordings of any type of conversation, meeting or conference, minutes of directors ' or committee meetings, memoranda, inter-office communications, studies, analyses, notes, books, records,
reports, summaries and results of investigations and tests, reviews, contracts, agreements, pamphlets, diaries, calendar or diary entries, maps, graphs, charts, statistical records, computer data or papers similar to ?ny of the foregoing, however denominated, including preliminary versions, draf ts or revisions of any of the foregoing and any supporting, underlying or preparatory material.
RETURN ON SERVICE Received this subpoena at
............... on and on................. at served it on the within named.......
by delivering a copy to h.... and tendering to h.....
the fee for one day's attendance and the mileage allowed by law.
dated.................
19....
By..........................
Service Fees Travel Services Total Subscribed and sworn to before me, a this........ day of......................,
19....
UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION In the Matter of
)
)
HOUSTON LIGHTING AND POWER CO.,
)
Docket Nos. 50-498A et al.
)
50-499A
)
(South Texas Project, Units
)
1 and 2)
)
)
TEXAS UTILITIES GENERATING
)
Docket Nos. 50-445A COMPANY, _et _al.
)
50-446A (Comanche Peak Steam Electric
)
Station, Units 1 and 2)
)
CERTIFICATE OF SERVICE I hereby certify that copies of " Application For Issuance of Subpoena" in the above-captioned matters, were served upon the following perscns by deposit in the United States mail, first class postage prepaid this 21st day of February, 1979.
Marshall E. Miller, Esq.
Mr. Jerome D.
Saltzman U.S. Nuclear Regulatory Chief, Antitrust and Commission Indemnity Group Washington, D.C.
20555 Nuclear Reactor Regulation U.S. Naclear Regulatory Michael L. Glaser, Esq.
Commission 1150 17th Street, N.W.
Washington, D.C.
20555 Washington, D.C.
20036 J.
Irion Worsham, Esq.
Sheldon J. Wolfe, Esq.
Merlyn D.
Sampels, Esq.
U.S.
Nuclear Regulatory Spencer C.
Relyea, Esq.
Commission Worsham, Forsythe & Sampels Washington, D.C.
20555 2001 Bryan Tower, Suite 2500 Dallas, Texas 75201 Atomic Safety and Licensing Appeal Board Panel Jon C. Wood, Esq.
U.S. Nuclear Regulatory W.
Roger Wilson, Esq.
Commission Matthews, Nowlin, Macfarlane &
Washington, D.C.
20555 Barrett 1500 Alamo National Building Chase R.
Stephens San Antonio, Texas 78205 Docketing and Service Branch
'U.S.
Nuclear Regulatory Dick Terrell Brown, Esq.
Commission 800 Milam Building Washington, D.C.
20555 San Antonio, Texas 78205
- Charles G.
Thrash, Jr., Esq.
Don R.
Butler, Esq.
E.W.
Barnett, Esq.
Sneed, Vine, Wilkerson, Theodore F. Weiss, Esq.
Selman & Perry J. Gregory Copeland, Esq.
P.O.
Box 1409 Baker & Botts Austin, Texas 78767 3000 One Shell Plaza Houston, Texas 77002 Jerry L.
Harris, Esq.
Steven R.
Hunsicker, Esq.
Richard C.
Balough, Esq.
R.Gordon Gooch, Esq.
City of Austin John P. Mathis, Esq.
P.O.
Box-1088 Baker & Botts Austin, Texas 78767 1701 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 Robert Lowenstein, Esq.
J.A.
Bouknight, Jr., Esq.
Roy P.
Lessy, Jr., Esq.
William J.
Franklin, Esq.
Michael B.
Blume, Esq.
Douglas G.
Green, Esq.
Fredric D.
Chanania, Esq.
Lowenstein, Newman, Reis, Ann P.
Hodgdon, Esq.
Axelrad and Toll U.S.
Nuclear Regulatory 1025 Connecticut Avenue, N.W.
Commission Washington, D.C.
20036 Washington, D.C.
20555 John W. Davidson, Esq.
Roff Hardy Sawtelle, Goode, Davidson &
Chairman and Chief Executive Ticilo Officer 1100 San Antonio Savings Bldg.
Central Power and Light Company San Antonio, Texas 78205 P.O.
Box 2121 Corpus Christi, Texas 78403 Douglas F.
John, Esq.
Akin, Gump, Haver & Feld Mr. Perry G.
Brittain 1333 New Hampshire Ave., N.W.
President Suite 400 Texas Utilities Generating Washington, D.C.
20036 Company 2001 Bryan Tower Bill D.
St. Clair, Esq.
Dallas, Texas 75201 Morgan Hunter, Esq.
McGinnis, Lockridge & Kilgore R.L.
Hancock, Director Fifth Floor, Texas State City of Austin Electric Utility Bank Building P.O. Box 1086 900 Congress Avenue Austin, Texas 78767 Austin, Texas 78701 G.W.
Oprea, Jr.
Executiva Vice President Houston Lighting & Power David M.
Stahl, Esq.
Company Isham, Lincoln & Beale P.O. Box 1700 1050 17th Street, N.W.
Houston, Texas 77001 Suite 701 Washington, D.C.
20036 Susan B.
Cyphert, Esq.
Frederick H. Parmenter, Esq.
David A.
Dopsovic, Esq.
Nancy Luque, Esq.
U.S.
Department of Justice Antitrust Division P.O. Box 14141 Washington, D.C.
20044
, Sarah Welling, Esq.
Michael I. Miller, Esq.
Kevin B.
Pratt, Esq.
James A.
Carney, Esq.
Attorney General's Office Isham, Lincoln & Beale State of Texas One First National Plaza P.O. Box 12548 Suite 4200 Austin, Texas 78711 Chicago, Illinois 60603 Frederick H.
Ritts, Esq.
Don H. Davidson William H. Burchette, Esq.
City Manager Northcutt Ely City of Austin Watergate 600 Building P.O. Box 1088 Washington, D.C.
20037 Austin, Texas 78767 W.S.
Robson General Manager South Texas Electric g-ho pew Cooperative, Inc.
Route 6, Building 102 C.
Dennis Ahearn Victoria Regional Airport Victoria, Texas 77901 Robert C. McDiarmid, Esq.
Robert Jablon, Esq.
Marc Poirier, Esq.
2600 Vircinia Avenue, N.W.
Washington, D.C.
20037 W.N. Woolsey, Esq.
Dyer and Redford 1030 Petroleum Tower Corpus Christi, Texas 78474 Donald M. Clements Gulf States Utilities Company Post Office Box 2951 Beaumont, Texas 77704 Marc J. Wetterhahn, Esq.
Robert M.
Rader, Esq.
Conner, Moore & Corber 1747 Pennsylvania Avenue, N.W.
Washington, D.C.
20006 Mr. William C. Price Central Power & Light Co.
P.O.
Box 2121 Corpus Christi, Texas 78403 Mr.
G.
Holman King West Texas Utilities Co.
P.O. Box 841.
Abilene, Texas 79604